Vinod Kumar Bharti vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

Vinod Kumar Bharti vs State of U.P. and 6 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None granted on the writ (PIL): it was not entertained and was consigned to record; the petitioner was left free to pursue execution of the final order passed under Section 67 via an application under para 460 of the U.P. Revenue Code, 2006.

Issue for consideration

Whether the present writ (PIL), seeking implementation of final orders passed pursuant to the disposal of earlier PIL No. 1290 of 2024, is maintainable in its present form when a remedy is available to the petitioner to file an application for execution of the order passed under Section 67 of the U.P. Revenue Code 2006 by recourse to paragraph 460 of the Revenue Court Manual. +1 more

Court's answer

In the opinion of the Court, the writ (PIL) in its present form is not maintainable, because a remedy is available to the petitioner to file an application for execution of the order passed under Section 67 of the U.P. Revenue Code 2006 by taking recourse to paragraph 460 of the Revenue Court Manual.

Ratio / Principle

In view of the maintainability position, the Court was not inclined to entertain the writ (PIL) and consigned it to the record.

Key takeaways

It nevertheless remains open to the petitioner to pursue and file an application for executing the final order already passed under Section 67, by way of an appropriate application under para 460 of the U.P. Revenue Code, 2006.ratio¶¶19

Detailed headnote1 paragraphs

Writ PIL No. 2597 of 2025 (Vinod Kumar Bharti v. State of U.P. and 6 others), High Court of Judicature at Allahabad, Court No. 66 (Ashutosh Srivastava, J.), decided 24 September 2025. The PIL arose out of earlier PIL No. 1290 of 2024 of the same petitioner, upon whose disposal by order dated 2.8.2024 the Tehsildar, Tehsil-Sakaldeeha, District Chandauli was directed to decide thirteen enumerated revenue case numbers within ninety days under Section 67 (6) of the U.P. Revenue Code, 2006; pursuant to those directions final orders were passed in Section 67 proceedings, including the order dated 06.06.2025 under Section 67 (1). The petitioner then sought mandamus for implementation of that order and removal of encroachment upon Gata No. 39/3 recorded as Banjar Land. Held: in the opinion of the Court the writ (PIL) in its present form is not maintainable, an execution remedy being available under paragraph 460 of the Revenue Court Manual; the Court declined to entertain the PIL and consigned it to record, leaving the petitioner free to file an execution application under para 460 of the U.P. Revenue Code, 2006.

HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2597 of 2025

Vinod Kumar Bharti

	Versus	.....Pet	itioner(s)
State Of U.P. And 6 Others		.....Re	spondent(s)
Counsel for Petitioner(s) Counsel for Respondent(s)	: Ajeet Sarvesh : Bhupen C.S.C.	Kumar Kant Shukl dra Kumar	Shukla, a Tripathi,

Court No. - 66

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri Ajit Kumar Shukla, learned counsel for the petitioner as also learned Standing Counsel representing the State-respondent.

This writ petition styled as a Public Interest Litigation arises out of order passed by this Court in earlier Public Interest Litigation bearing No. 1290 of 2024 (Vinod Kumar Bharti vs. State of U.P. and 4 others) filed for the following relief:

"(i) Issue a writ order or direction in the nature of mandamus directing the respondent No. 3 and 4 to take necessary action and discharge the encroachment upon Gata No. 28 area 0.3160 Hectare, recorded as pond and Gata No. 27, area 0.0770 Hectare, Gata No. 34 Area 0.0570 Hectare, Gata No. 31/1 area 0.0360 Hectare, Gate No. 39/3 area 0.4780 Hectare, recorded as Banjar, situated at Village Kaandharpur, Pargana Barwal, Tehsil Sakaldeeha, District Chandauli, within the period stipulated by this Court".

This Court upon hearing the contention of the counsel for the petitioner disposed of the writ PIL in the following terms vide order dated 2.8.2024:

WPIL No. 2597 of 2025

2

" This Court is also of the opinion that no useful purpose would be served by keeping the Writ PIL pending and the same is accordingly disposed of by requiring the respondent No. 4, i.e. Tehsildar, Tehsil- Sakaldeeha, District Chandauli, to decide the Case Nos. T-202414180304595, T- 202414180304596, T-202414180304597, T- 202414180304598, T-202414180304599, T- 202414180304600, T-202414180304602, T- 202414180304603, T-202414180304604, T- 202414180304605, T-202414180305079, T- 202414180305078 and T-202414180301544, expeditiously preferably within a period of ninety days, as prescribed under Section 67 (6) of the U.P. Revenue Code, 2006, from the date of production of certified copy of the order of this Court, strictly in accordance with law."

The present writ (PIL) has been filed seeking issuance of a writ of mandamus commanding respondent Nos. 2 and 3 for implementation of the order dated 06.06.2025 passed under Section 67 (1) of U.P. Revenue Code 2006 by the Respondent No. 3, namely the Tehsildar, Tehsil Sakaldeeha, Chandauli, District Chandauli and also for removal of the encroachment upon Gata No. 39/3 recorded in revenue record as Banjar Land.

It is not in dispute that pursuant to the directions of the Court vide order dated 02.08.2024, passed in PIL No. 1290 of 2024, final orders were passed in proceedings under Section 67 of the U.P. Revenue Code.

The petitioner by way of the present writ (PIL) has sought implementation of the final order passed pursuant to the order passed in the writ (PIL) No. 1290 of 2024. In the opinion of the Court, the writ (PIL) in the the present form is not maintainable in the wake of a remedy available to the petitioner to file an application for execution of the order passed under Section 67 of the U.P. Revenue Code 2006 by taking recourse to paragraph 460 of the Revenue Court Manual.

WPIL No. 2597 of 2025

3

In view of the above, this Court is not inclined to entertain the Writ (PIL) and the same is consigned to record.

It shall, however be open for the petitioner to pursue and file an application for executing the final order already passed under Section 67 by way of appropriate application under para 460 of the U.P. Revenue Code, 2006.

September 24, 2025

v.k.updh.

(Ashutosh Srivastava,J.)

Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad